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Enforcement Initiatives

IdahoLien ForeclosureMechanics LienRecovery Options

How do you initiate enforcement of a lien that the property owner refugees to pay?

2 replies

Oct 29, 2019
In order to enforce a filed mechanics lien, the lien claimant must initiate a lawsuit. So, to proceed with enforcing a lien claim, a claimant must typically seek out the help of a local Idaho construction or real estate attorney in order to initiate those proceedings. That suit must generally be brought in the district court for the county where the lien was filed. More on that here: What Is “Enforcing” a Mechanics Lien?

Recovering payment after a mechanics lien is filed

Keep in mind that lien enforcement isn't the only tool to push for payment once a mechanics lien has been filed. Levelset discusses some of those options here: The 4 Steps to Take After Filing a Mechanics Lien. As mentioned in that article, sending a document like a Notice of Intent to Foreclose can work was a final tool to demand payment before enforcing the filed lien becomes necessary. A Notice of Intent to Foreclose informs recipients that if payment isn't made immediately, the filed lien will be enforced. And, considering the potential fallout from a lien enforcement action, owners will generally want to avoid an enforcement suit if at all possible. You can read more about that here: Construction Payment: What Is a Notice of Intent to Foreclose?
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Feb 28, 2020
It is also important to note that the court action must be taken within six months after the filing of the lien. §45-510
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